August 28, 2025

Chile SUBTEL Exempt Resolution No. 737 (2025)

SUBTEL Exempt Resolution No. 737 (2025): Reformulation of the Regulatory Framework for Short-Range Devices in Chile

The Exempt Resolution No. 737, issued on May 13, 2025, by the Chilean Undersecretary of Telecommunications (SUBTEL) and published on May 22, 2025, introduces a comprehensive reform of the current regulatory framework governing short-range radiocommunication devices (SRDs). With deferred entry into force on February 22, 2026, the resolution amends Exempt Resolution No. 1,985 of 2017.

Context and Rationale

  1. Growth in certifications: There has been a significant increase in certification requests for SRDs, driven by the expansion of 5G and the Internet of Things (IoT).
  2. Excessive homogenization: Previous regulations treated all SRDs uniformly, without considering technical or risk-related distinctions, which justified a more segmented approach.
  3. Regulatory optimization: The resolution seeks to reduce administrative burdens for non-medical devices by allowing QR code–based digital information disclosure, while maintaining SUBTEL’s supervisory authority.
  4. Technical clarity and consistency: The reform removes redundancies, corrects linguistic errors, and aligns terminology with standards used by the International Telecommunication Union (ITU).

Key Regulatory Changes

1. Technical Adjustments (Article One)

  • Replacement of terms for consistency (e.g., “P.I.R.E.” becomes “p.i.r.e.”; “máxima” removed).
  • Correction of language errors (e.g., “espúreas” to “espurias”).
  • Introduction of new device category: medical data acquisition devices operating in the 430–440 MHz band, with 0.1 µW power and frequency-hopping operation.
  • Alignment with Resolution 3,103 (2012) regarding electromagnetic safety requirements.

2. Certification and Labeling (Article Two)

  • Mandatory certification applies only to medical equipment described in items g) and h); all other SRDs are exempt.
  • Mandatory QR code labeling for all non-medical categories (items a, b, c, d, e, f, i, j, k), to be printed on product packaging. The QR code must link to a Spanish-language webpage containing:
    • Commercial information (date, manufacturer/importer, contact).
    • Technical specifications (frequencies, technologies, antennas, p.i.r.e., etc.).
    • Test report.
    • Declaration of conformity with national regulations.
  • Confidential information may be hosted with restricted access, but the platform must be publicly accessible for general compliance data.

3. QR Code Specifications

  • Must be placed visibly on the outer packaging.
  • Minimum size: 1 cm × 1 cm, no borders, high contrast, mobile-readable, 30% error correction.
  • Devices without compliant QR codes may not be marketed or sold in physical or virtual stores.

4. Oversight and Sanctions

  • SUBTEL retains active and permanent supervisory authority.
  • Non-compliance is punishable under Title VII of the General Telecommunications Law.

5. Entry into Force

The resolution becomes effective nine months after publication—on February 22, 2026.

Implications and Conclusion

With this reform, Chile takes a significant step toward a more modern and efficient regulatory regime for SRDs. The resolution:

  • Relieves administrative obligations for most non-medical SRDs, facilitating market access via digital self-declaration.
  • Maintains strict oversight of sensitive medical devices, safeguarding public health and safety.
  • Enhances transparency and traceability by requiring publicly accessible technical data through QR codes.
  • Aligns national regulation with international best practices, reducing inconsistencies and administrative redundancies.

In summary, Exempt Resolution No. 737 (2025) represents a decisive modernization of Chile’s telecommunications regulatory framework, fostering innovation while ensuring necessary safeguards for safety and compliance.